The Tenth Circuit Court of Appeals affirmed the determination by the Bankruptcy Court for the District of Colorado that equitable tolling applied to certain fraudulent transfer claims brought by...
The Tenth Circuit Court of Appeals affirmed the Bankruptcy Court and District Court for the District of Utah's determination that under Utah law, the Debtor, through its predecessor in interest,...
The Tenth Circuit Court of Appeals reversed the Tenth Circuit BAP and affirmed the Bankruptcy Court for the District of New Mexico after determining that Chuza Oil Co, lacked a cognizable interest...
The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the judgment of the circuit's Bankruptcy Appellate Panel (BAP) concluding that it lacked jurisdiction over appeals of orders of...
Judge(s):
Joel M. Carson III; Allison H. Eid; and Veronica S. Rossman
The U.S. Bankruptcy Appellate Panel of the Tenth Circuit held a bankruptcy court did not err in granting a summary judgment against a chapter 7 Trustee on a claim to avoid a post-petition transfer...
In this challenge by Kenneth Pettine (DR), a chapter 7 debtor, of the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) granting the motion by a trustee (TR) for a charging...
Judge(s):
Robert H. Jacobvitz; Dale L. Somers; and Janice Loyd
The Tenth Circuit Court of Appeals affirmed the District Court of Kansas's grant of summary judgment against Kauli Saili Jr, (the "Plaintiff"), holding that judicial estoppel prevented the...
The Bankruptcy Appellate Panel for the Tenth Circuit affirmed the Bankruptcy Court for the District of Utah’s approval of a settlement between the chapter 7 trustee and the Debtor’s estranged...
The Bankruptcy Appellate Panel for the Tenth Circuit (the “BAP”) affirmed the Bankruptcy Court for the District of Colorado's dismissal of an adversary proceeding, where the Debtor failed to...
When a chapter 13 plan is not confirmed and the case dismissed, the chapter 13 trustee has no right to keep the fee from pre-confirmation payments received by the trustee. This result arises from...
